Political Parties, Elections and Referendums

Baroness Laing of Elderslie Excerpts

Wednesday 31st January 2024 Commons Chamber

[Simon Hoare]

This is a benign statement, supporting the commission in its work, addressing the changes introduced post the Elections Act 2022 (Commencement No. 7) Regulations 2023. It is all part of our process to ensure that our electoral system is resilient, open, transparent, secure and has the maximum access to all who have the eligibility to cast a vote on whichever election day it may happen to be. How they vote is entirely up to them; how the commission sets its priorities is entirely up to it. Mr Speaker and his Committee will hold the commission to account, not Parliament. There is no mandate in the statement that the commission has to provide a statement or report, annually or quarterly, to my Department or to the Secretary of State. The usual communication channels between the Speaker’s Committee on the Electoral Commission and the Electoral Commission remain.

Given the fragility of our democracy and the outside pressures facing most western democracies today, I suggest to right hon. and hon. Members that, in trying to ascribe ill intention, Machiavellian motivation and some sort of surreptitious purpose of undermining democracy to this benign statement of good will, they demean themselves and they demean and weaken democracy.

[Madam Deputy Speaker (Dame Eleanor Laing)]

I call the shadow Minister.

[Florence Eshalomi (Vauxhall) (Lab/Co-op)]

I thank the Minister for his introduction. I have a lot of respect for the Minister, but I struggled to listen to him. Through gritted teeth, he tried but failed desperately to justify why this statement is needed. You cannot flog a dead horse, and if something ain’t broke, it doesn’t need to be fixed.

In 2000, the previous Labour Government set up the Electoral Commission to act as a guardian of our democratic system. At the heart of that decision was the need for a central pillar of independence within our politics: a body that the public could trust that would not suffer interference, not just from the Government of the day but from future Governments of any shade; that would not fear the consequences of taking on major parties when they broke the rules; and that could provide information about our system from a trusted sources, free of political interference. Over 20 years later, the commission’s independence has become a cornerstone of public trust in our democracy.

Let me put the strategy and policy statement into context. Sadly, 14 years of Tory failure have left many people feeling powerless at the decline under this Government. People have seen their hard-earned money go to Tory friends and VIP donors. People who followed the rules to protect the NHS saw those who made the rules breaking them. I grew up not far from this place, on a council estate in Brixton, just a bus ride away. What annoyed and angered me was seeing decisions being made about my community by people who did not feel the ramifications. The Government need to reflect on that—I hope the Minister will—and realise why trust in our politics is at a record low after so many scandals from this place. During this time, the independence of the Electoral Commission has acted as a bedrock in our system against declining trust. While we have seen recent drops in confidence and satisfaction in the system, a majority of people remain satisfied with the voting process.

I agree with the Minister that there are always things we can do to improve our democratic process, but this statement is setting a political agenda for an independent watchdog. That is completely wrong, Minister, and you know it, and that is not just me saying that.

[Madam Deputy Speaker (Dame Eleanor Laing)]

Order. The hon. Lady is making a powerful speech, but I beg of her, would she please call the Minister “the Minister”, not “you”? I am not blaming the hon. Lady; bad examples have been set by senior Members of the House calling other Members “you” or “Minister”. Phrases such as “and you know it” are exactly why we do not have that way of doing things here, because that refers to the occupant of the Chair. I apologise for pulling her up on this, because she is far from being the first person to get it wrong, but if we do not start to put it right, people will not understand the reason for the rule.

[Florence Eshalomi]

Thank you for highlighting that, Madam Deputy Speaker. I totally agree with you; I will refer to “the Minister”.

It not only me saying that there are issues with the statement; The Speaker’s Committee on the Electoral Commission, the Levelling Up, Housing and Communities Committee, and even the Electoral Commission itself, have all highlighted problems with the statement. These are not random bodies. In fact, they are so respected that the Government themselves made it mandatory to consult them prior to bringing the strategy and policy statement to the House. Yet when all three raised the same concerns, the Government simply railroaded the statement through. Madam Deputy Speaker, you would expect a Government who disregard the powerful points made by these respected bodies to have a clear evidence base for their actions. For the Minister to repeat what the Electoral Commission is doing fantastically well is not the basis for the statement.

In announcing the statement, the Government said:

“This guidance addresses the concern raised in Lord Eric Pickles’ independent review into electoral fraud, that the current system of oversight of the Electoral Commission is not fit for purpose.”

Given that, we would expect to find a robust justification for this statement in what the Minister outlined. However, all we get on the system for oversight is three buried lines on page 50 of that seven-year-old report—no detail, justification or evidence. Wow.

When the Levelling Up, Housing and Communities Committee found it was

“not aware that any of those concerns remain current”

from the relevant section of the Pickles report, and when so many respected bodies are saying the statement is unnecessary, surely the Minister must see that the very basis for making the statement is simply not good enough.

Under this Government, trust in our politics and democratic institutions is at an all-time low. We all need to work hard to restore that trust, give people belief that their voice matters and that decisions are made with them, not to them—this is another example of decisions being made to them. Instead, the contents of the statement completely undermine the Electoral Commission, representing a dangerous threat to the independence of a vital watchdog. MPs from all parties have condemned it and respected bodies have rejected it, which is further proof that we need a new approach to a democracy that works for everyone. I urge hon. Members to join us in voting against this dangerous politicisation of our independent elections watchdog.

--- Later in debate ---

[Chloe Smith]

I am grateful to the hon. Member for making that point. Let me say in a respectful tone of voice that I am glad to see the depth of work that he has done on this, but I hope that he recognises that there are many of us on the Conservative Benches who have also spent very many years focusing on this area. My answer to him would be that there are partial similarities and there are partial differences. I think that he is wrong and that some of his colleagues are unwise to throw quite so many accusations in such a tone today. In part, there are good reasons why it is reasonable to set out in one place the Government’s priorities, which, as the statement sets out, are adjacent and relevant to matters to do with the regulators. That is what today’s document does. He is right that that is somewhat different from the more detailed work that is done by the regulators of water and electricity and so on. He is also right, of course, to point to the essential independence of the Electoral Commission. I am glad that he has done so, because it gives me the opportunity to add my emphasis to that as well.

There is nothing to be concerned about from this statement in respect of the independence of the commission. We have heard those assurances from the Minister today. It is extremely important that he has set that out, and I am glad that he has done so, and I add my voice to the essential nature of that. But I want briefly to go back to the need for wider participation in the work of the Electoral Commission. We are able to spend, periodically, a few minutes of question time on the Speaker’s Committee on the Electoral Commission, and good work is done through that mechanism, but it is perhaps somewhat indirect. It is important for the whole Chamber to be able to look at the important issues that sit behind our constitution and our electoral system.

I wish to move on to the contents of the strategy and policy statement. I am working in particular from the points that we see in paragraph 19, where it is emphasised that this regulator needs to work together with others to discharge its duties. I want to emphasise that in the context of the demands being made on regulators this year with regard to artificial intelligence. Members will be very well aware of that from the White Paper on regulating artificial intelligence, which was set out last year, and on which we are shortly to have an update from a different Department.

The key point is this: it is the world’s biggest election year. Billions of citizens will be going to the ballot box, including here. These elections will be the first to happen since the significant advances in AI. There are legitimate concerns, anxieties and, indeed, evidence from our security services, for us to ask whether this technology will be used for fabrication, for manipulation and to affect the integrity of elections. It goes without saying that the integrity of elections matters, so that people’s free choice achieves what they intend.

The Government have asked regulators across their fields to set out how they will work with artificial intelligence. Clearly, the Electoral Commission is one of those regulators—and somewhat in the hotseat in this regard. It is my view that, in respect of the grand concerns and anxieties, the Electoral Commission and connected enforcement agencies could helpfully set out the preparation that they have done and give reassurance publicly about their readiness for elections this year. With reference to the substance of today’s statement, I ask the Minister what discussions he has had with the Electoral Commission on its work with other regulators, for example as per paragraphs 19 and 20 of the statement, which talk about keeping up to date with the realities of campaigning activities—I think that is a good tone to take there. I also ask the Minister in what way he expects to keep the statement itself and future iterations of the statements updated in regards to technology and national security considerations where those might be relevant.

I agree with the Minister that we here are stewards of our democracy. I have been in his particular position before. I set out the approach that we ought always to strive for our elections to be secure, fair, modern, accessible and transparent. I also agree that this is some of the most important work that we can do. None the less, I conclude by saying gently that it is a legitimate function of Government to address themselves to these principles. That is what we need the Government and Parliament to do, because we are the custodians of law as well as of those principles. We did that with the Elections Act, and we did it prior to that with the Political Parties, Elections and Referendums Act 2000. We have also done it before then and since then, and we will continue to do so.

It is a legitimate function of Government to enact changes and updates to electoral law when they are asked to do so, perhaps through a manifesto commitment in a democratic process. We do that through Parliament, so it is good, as I have said, that we have this wider opportunity for Parliament to be able to engage in the work of the Electoral Commission while crucially respecting its design and independence, and I am glad that we are getting that chance to do so today.

[Madam Deputy Speaker (Dame Eleanor Laing)]

I call the SNP spokesman.